P. v. Hernandez CA4/1

Filed 10/18/24 P. v Hernandez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081871

Plaintiff and Respondent,

v. (Super. Ct. No. SCE400319)

ROBERTO HERNANDEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Steven E. Stone, Judge. Affirmed. Johanna Pirko, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Roberto Hernandez appeals from his second degree murder and attempted murder convictions. His appointed appellate counsel filed an opening brief raising no arguable issues pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). Hernandez also filed a supplemental brief on his own behalf. Our

independent review confirms there are no arguable issues on appeal except a typographical error in the abstract of judgment regarding a firearm enhancement. We affirm with directions to correct that error.

FACTUAL AND PROCEDURAL BACKGROUND

James Bowens and Dwayne Clark robbed narcotics from Hernandez during a prearranged sale. As the two were running away, Hernandez fired approximately 10 shots at them, killing Bowens and injuring Clark.

Prosecutors charged Hernandez with murder (Pen. Code,1 § 187; count 1) and attempted murder (§§ 187, 664; count 2), alleging he personally used a firearm in both counts (§12022.53, subd. (d)). A jury convicted Hernandez of the crimes, finding the allegations true. The trial court sentenced Hernandez to 25 years to life on count 1, consisting of 15 years to life for the murder and 10 years for the firearm use. For count 2, the trial court imposed a concurrent 17 years, including seven for the attempted